DISMISS and DENY; and Opinion Filed December 18, 2015.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-01529-CV
No. 05-15-01530-CV
No. 05-15-01531-CV
IN RE ANDREW PETE, Relator
Original Proceeding from the 292nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F12-33559-V, F12-33560-V, F12-33561-V
MEMORANDUM OPINION
Before Justices Lang, Fillmore, and Brown
Opinion by Justice Brown
In this petition for writ of mandamus relator contends that the trial court erred when, after
granting his motion for mistrial, it ordered a new trial as to punishment only. Relator requests
that the Court order the trial court to vacate the jury verdicts in his criminal cases, reinstate his
bond, release him from custody, and proceed with a new trial on his guilt or innocence of the
offenses with which he was charged. As an initial matter, we note that this Court has no original
habeas corpus jurisdiction in criminal proceedings. TEX. GOV’T CODE ANN. § 22.221 (West
2004). Thus, we may not grant relief that requires relator’s release from custody. We also may
not grant the other forms of relief relator seeks. Mandamus relief is appropriate in a criminal
case only when a relator establishes (1) that he has no adequate remedy at law to redress the
alleged harm, and (2) that what he seeks to compel is a ministerial act, not a discretionary or
judicial decision. In re Allen, 462 S.W.3d 47, 49 (Tex. Crim. App. 2015) (orig. proceeding).
Relator has not met these requirements.
We dismiss the petition for want of jurisdiction to the extent it seeks relator’s
release from custody. We deny the balance of the petition.
/Ada Brown/
ADA BROWN
JUSTICE
151529F.P05
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